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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) AMENDMENT BILL 2003

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Minister for Urban Services)

Road Transport (Public Passenger Services) Amendment Bill 2003



Contents

Page

























2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Minister for Urban Services)

Road Transport (Public Passenger Services) Amendment Bill 2003





A Bill for

An Act to amend the Road Transport (Public Passenger Services) Act 2001, and for other purposes











The Legislative Assembly for the Australian Capital Territory enacts as follows:



Part 1 Preliminary

1 Name of Act

This Act is the Road Transport (Public Passenger Services) Amendment Act 2003.

2 Commencement

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).



Part 2 Road Transport (Public Passenger Services) Act 2001

3 Act amended—pt 2

This part amends the Road Transport (Public Passenger Services) Act 2001.

4 New section 4A

insert

4A Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

• s 60D (1) and (2) (Use of vehicles as hire cars)

• s 60E (1) and (2) (Pretending vehicles are licensed hire cars)

• s 60N (1) (Unaccredited operators not to operate hire car services)

• s 60O (1) and (2) (Pretending to be an accredited hire car service operator).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5 Regulations about operation of bus services by accredited people

Section 24 (i)

substitute

(i) requirements for display of accreditation numbers on advertisements for the service; and

(j) the provision of information and reports to the road transport authority.

6 Section 37

substitute

37 Meaning of taxi licence

A taxi licence is a licence issued under the regulations to use a vehicle as a taxi, and includes a restricted taxi licence.

Note References to taxi licence include a restricted taxi licence unless the contrary intention otherwise appears (see Legislation Act, s 155).

7 Maximum numbers of taxi licences

Section 39

omit

8 Issue of taxi licences

Section 40

omit

9 Use of vehicles as taxis

Section 42 (3)

substitute

(3) This section does not apply to a person in relation to the hiring of a vehicle used by the person if—

(a) the vehicle is licensed as a taxi under the law of another jurisdiction; and

(b) the hiring begins in that jurisdiction and is completed in the ACT.

(4) This section also does not apply to a person who is using a substitute vehicle as a licensed taxi in accordance with the regulations.

10 Regulations about taxi licences

Section 44 (1) (a)

substitute

(a) matters in relation to the giving, refusal or surrender of licences, including an auction system for allocating licences; and

11 Section 45

substitute

45 Meaning of taxi

A taxi is a vehicle (other than a bus) that stands or plies for hire for the transport of passengers along a road or road related area, and includes a restricted taxi.

Note References to taxi include a restricted taxi unless the contrary intention otherwise appears (see Legislation Act, s 155).

12 Unaccredited operators not to operate taxi services

Section 52 (2)

substitute

(2) This section does not apply to a person in relation to the hiring of a taxi operated by the person if—

(a) the person is authorised to operate a taxi service under the law of another jurisdiction; and

(b) the hiring begins in that jurisdiction and is completed in the ACT.

13 New parts 5A and 5B

insert

Part 5A Licensing of hire cars

Division 5A.1 Basic concepts

60A Meaning of hire car licence

A hire car licence is a licence issued under the regulations to use a vehicle as a hire car, and includes a restricted hire car licence.

Note References to hire car licence include a restricted hire car licence unless the contrary intention otherwise appears (see Legislation Act, s 155).

60B Meaning of restricted hire car licence

A restricted hire car licence is a licence issued under the regulations to use a vehicle as a restricted hire car.

Division 5A.2 Hire car licences

60C Transferability of hire car licences

(1) If the holder of a hire car licence (other than a restricted hire car licence) asks the road transport authority to transfer the licence to someone else, the authority must transfer the licence to the person.

(2) A restricted hire car licence is not transferable (including, for example, by hiring the licence to someone else).

60D Use of vehicles as hire cars

(1) A person must not use a vehicle as a hire car (other than a restricted hire car) unless the vehicle is licensed under the regulations as a hire car.

Maximum penalty: 50 penalty units.

(2) A person must not use a vehicle as a restricted hire car unless the vehicle is licensed under the regulations as a restricted hire car.

Maximum penalty: 50 penalty units.

(3) This section does not apply to a person in relation to the hiring of a vehicle used by the person if—

(a) the vehicle is licensed as a hire car under the law of another jurisdiction; and

(b) the hiring begins in that jurisdiction and is completed in the ACT.

(4) This section also does not apply to a person who is using a substitute vehicle as a licensed hire car in accordance with the regulations.

(5) An offence against this section is a strict liability offence.

60E Pretending vehicles are licensed hire cars

(1) A person must not pretend that a vehicle is licensed under the regulations as a hire car (other than a restricted hire car).

Maximum penalty: 30 penalty units.

(2) A person must not pretend that a vehicle is licensed under the regulations as a restricted hire car.

Maximum penalty: 30 penalty units.

(3) An offence against this section is a strict liability offence.

60F Regulations about hire car licences

(1) The regulations are to provide a system for the licensing of hire cars and restricted hire cars, including, for example—

(a) matters in relation to the giving, refusal or surrender of licences, including an auction system for allocating licences; and

(b) the term of restricted hire car licences; and

(c) the conditions of licences; and

(d) the circumstances in which a substitute vehicle may be used as a licensed hire car; and

(e) the action that may be taken in relation to licences in circumstances prescribed under the regulations, including, for example—

(i) the suspension or cancellation of a licence; and

(ii) the imposition of a condition on, or the amendment of a condition of, a licence; and

(iii) an order that the holder of a licence pay to the Territory an amount of not more than—

(A) for an individual—$5 000; or

(B) for a corporation—$25 000; and

(iv) the reprimanding of the holder of a licence.

Examples of conditions for restricted hire car licences—s (1) (c)

1 how the vehicle to which the restricted hire car licence relates must be equipped

2 the kinds of restricted hire car services that may be operated using the vehicle

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The regulations may place different requirements on the person to whom a hire car licence (other than a restricted hire car licence) is issued and a person to whom the licence is hired.

Part 5B Hire car services

Division 5B.1 Basic concepts

60G Meaning of hire car

A hire car is a vehicle (other than a bus or taxi) that—

(a) is used, or is intended to be used, for the transport of passengers under a contract; and

(b) does not stand or ply for hire for the transport of passengers along a road or road related area;

and includes a restricted hire car.

Note References to hire car include a restricted hire car unless the contrary intention otherwise appears (see Legislation Act, s 155).

60H Meaning of restricted hire car

A restricted hire car is a vehicle (other than a bus or taxi) that—

(a) is used, or is intended to be used, for the transport of passengers under a contract; and

(b) does not stand or ply for hire for the transport of passengers along a road or road related area; and

(c) is licensed under the regulations as a restricted hire car.

60I Meaning of hire car service

A hire car service is a public passenger service operated using 1 or more hire cars (including restricted hire cars).

60J Meaning of restricted hire car service

A restricted hire car service is a public passenger service operated using only 1 or more restricted hire cars.

Examples of kinds of restricted hire car services

1 a pre-booked public passenger service that provides transport to weddings and school formals

2 a pre-booked public passenger service operated in accordance with a publicly available tour itinerary

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Division 5B.2 Accreditation of hire car service operators

60K Hire car service operators—purposes of accreditation

The purpose of accreditation under the regulations to operate a hire car service is to ensure that—

(a) each person, including the accredited person, who is concerned with, or takes part in, the management of the service, is a suitable person to operate the service; and

(b) each person, including the accredited person, who is concerned with, or takes part in, the management of the service, has demonstrated the capacity to comply with the relevant regulations and, in particular, the regulations about—

(i) the safety of passengers and the public; and

(ii) the maintenance of hire cars.

60L Hire car service operators—regulations about accreditation system

(1) The regulations are to provide a system for the accreditation of people to operate hire car services, including, for example—

(a) the kinds of accreditations; and

(b) the kinds of hire cars and hire car services that a person who holds a particular kind of accreditation is entitled to operate; and

(c) the conditions of accreditations; and

(d) matters in relation to the giving, refusal or surrender of accreditations; and

(e) the action that may be taken in relation to an accredited person in circumstances prescribed under the regulations, including, for example—

(i) the suspension or cancellation of an accreditation; and

(ii) the imposition of a condition on, or the amendment of a condition of, an accreditation; and

(iii) an order that an accredited person pay to the Territory an amount of not more than—

(A) for an individual—$5 000; or

(B) for a corporation—$25 000; and

(iv) the reprimanding of an accredited person.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The regulations may make provision in relation to the accreditation of people to operate hire car services, including, for example—

(a) requirements about the suitability of the applicant and each person who will be concerned with, or take part in, the management of the service; and

(b) capacity to meet service standards.

(3) For subsection (1) (a), the regulations must provide for the accreditation of people to operate—

(a) a hire car service (other than a restricted hire car service); and

(b) a restricted hire car service.

Note For examples of kinds of restricted hire car services, see s 60J.

Division 5B.3 Entitlement to operate hire car services

60M Entitlement to operate hire car services

A person is entitled to operate a particular kind of hire car service, within or partly within the ACT, if—

(a) the person is accredited under the regulations to operate a hire car service of that kind; and

(b) the vehicles used to operate the service are licensed under the regulations as hire cars for that kind of hire car service.

60N Unaccredited operators not to operate hire car services

(1) A person must not operate, within or partly within the ACT, a hire car service of a particular kind unless the person is accredited under the regulations to operate a hire car service of that kind.

Maximum penalty: 50 penalty units.

(2) This section does not apply to a person in relation to the hiring of a hire car operated by the person if—

(a) the person is authorised to operate a hire car service under the law of another jurisdiction; and

(b) the hiring begins in that jurisdiction and is completed in the ACT; and

(c) the hiring is of a kind that the person is authorised to operate under the law of that jurisdiction.

(3) An offence against this section is a strict liability offence.

60O Pretending to be an accredited hire car service operator

(1) A person must not pretend to be accredited under the regulations to operate a hire car service.

Maximum penalty: 30 penalty units.

(2) A person must not pretend to be accredited under the regulations to operate a particular kind of hire car service.

Maximum penalty: 30 penalty units.

(3) An offence against this section is a strict liability offence.

Division 5B.4 Regulation of hire car services

60P Regulations about operation of hire car services by accredited people

The regulations may make provision in relation to the operation of hire car services by accredited hire car service operators, including, for example—

(a) the supervision and monitoring of drivers of hire cars operated by an accredited hire car service operator for compliance with the service standards and the responsibilities of the operator in relation to a failure to comply with the standards; and

(b) the safety of passengers (including, for example, particular kinds of security devices) and the public; and

(c) the qualifications, training and experience of accredited hire car service operators and hire car drivers (including, for example, in relation to particular kinds of hire car services); and

(d) maximum driving times and minimum rest times of hire car drivers; and

(e) insurance; and

(f) customer complaints and inquiries; and

(g) lost property; and

(h) the operation of particular kinds of hire cars and hire car services; and

(i) the requirements that hire cars, and their equipment and fittings (internal and external) (including, for example, baby capsules), must comply with; and

(j) the maintenance and cleaning of hire cars; and

(k) the making and keeping of records and their inspection; and

(l) the auditing of records and systems; and

(m) the display of licences; and

(n) requirements for display of accreditation numbers on advertisements for the service; and

(o) the provision of information and reports to the road transport authority.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

60Q Regulations about operation of hire cars

The regulations may make provision in relation to the operation of hire cars, including, for example—

(a) the solicitation of passengers or hirings; and

(b) the hiring of vehicles; and

(c) the picking-up and dropping-off of passengers and other matters relating to the transport of passengers; and

(d) the transport of passengers’ luggage or other goods, and animals; and

(e) the regulation or prohibition of the use of vehicles on certain roads or road related areas; and

(f) the maximum speed of a vehicle; and

(g) the design, equipment and fittings (internal or external) of vehicles; and

(h) the regulation or prohibition of notices, signs and advertisements inside or on the outside of vehicles; and

(i) the records to be made and kept by drivers, how they are to be made and kept, and their inspection; and

(j) approval of uniforms or industry codes of practice for dress standards.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

60R Regulations about hire car drivers

The regulations may make provision in relation to hire car drivers, including, for example—

(a) the powers, duties and conduct of hire car drivers; and

(b) the training of drivers; and

(c) how hire car drivers must dress.

Note 1 For the licensing of people to drive hire cars, see the Road Transport (Driver Licensing) Regulations 2000.

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

60S Regulations about conduct of hire car passengers

The regulations may make provision in relation to the conduct of passengers being carried by hire cars, including, for example the authority of hire car drivers, police officers and authorised people to direct people contravening a regulation to leave a hire car and to remove them if they fail to leave.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

14 New section 65A

in part 6, insert

65A References to Motor Traffic Act, Traffic Act etc

(1) In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

(2) In this section:

earlier law means any of the following:

(a) Motor Traffic Act 1936;

(b) Motor Traffic Regulations 1934;

(c) Road Transport (Bus Services) Regulations 2000;

(d) Road Transport (General) Act 1999;

(e) Road Transport (Hire Vehicle Services) Regulations 2000;

(f) Road Transport (Taxi Services) Regulations 2000.

15 Part 7

substitute

Part 7 Transitional provisions

66 Definitions for pt 7

In this part:

commencement means the commencement of this part.

General Act means the Road Transport (General) Act 1999, as in force immediately before the commencement.

67 Transitional regulations

(1) The regulations may prescribe savings or transitional matters necessary or convenient to be prescribed because of the enactment of part 5A (Licensing of hire cars) and part 5B (Hire car services).

(2) Without limiting the scope of subsection (1), the regulations may prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of part 5A, part 5B and this part.

(3) Regulations made for this section must not be taken to be inconsistent with—

(a) this Act as far as they can operate concurrently with this Act; or

(b) any other provision of the road transport legislation as far as they can operate concurrently with the provision.

(4) This section is additional to, and does not limit, section 68 (Modification of pt 7’s operation).

68 Modification of pt 7’s operation

The regulations may modify the operation of this part to make provision in relation to any matter that, in the Executive’s opinion, is not, or not adequately, dealt with in this part.

69 Continuation of hire licences

(1) This section applies to a person who, immediately before the commencement, was the holder of—

(a) a private hire car operator’s licence under the General Act; or

(b) a restricted hire vehicle operator’s licence under the General Act.

(2) The person is taken, after the commencement—

(a) for a person mentioned in subsection (1) (a)—to be the holder of a hire car licence (other than a restricted hire car licence) issued under this Act; or

(b) for a person mentioned in subsection (1) (b)—to be the holder of a restricted hire car licence issued under this Act.

(3) If the licence held by the person was, immediately before the commencement, subject to conditions, the licence the person is taken to hold under subsection (2) is taken to be subject to the conditions.

(4) The term of a restricted hire vehicle operator’s licence that is taken to be a restricted hire car licence issued under this Act is taken to be the unexpired term of the licence before the commencement.

70 Interim accreditation of existing hire car operators

(1) This section applies to a person who—

(a) immediately before the commencement, operated a hire car service (other than a restricted hire car service) within the meaning of this Act; or

(b) immediately before the commencement, was the holder of a restricted hire vehicle operator’s licence (other than a special occasion licence) under the General Act; or

(c) held a special occasion licence on a day not more than 3 months before the commencement.

(2) The person is taken, after the commencement—

(a) for a person mentioned in subsection (1) (a)—to be accredited under the regulations to operate a hire car service; or

(b) for a person mentioned in subsection (1) (b) or (c)—to be accredited under the regulations to operate a restricted hire car service.

(3) The accreditation the person is taken to hold under subsection (2) may be varied or ended by the road transport authority in accordance with the regulations.

(4) If the accreditation a person mentioned in subsection (1) (a) or (b) is taken to hold under subsection (2) has not been ended in accordance with the regulations, the accreditation ends 1 year after the day this section commences.

(5) If the accreditation a person mentioned in subsection (1) (c) is taken to hold under subsection (2) has not been ended in accordance with the regulations, the accreditation ends 3 months after the day this section commences.

(6) However, if the accreditation a person mentioned in subsection (1) (c) is taken to hold has not been ended in accordance with the regulations and, before the end of the 3-month period, the person is issued with a hire car licence (including a restricted hire car licence), the accreditation the person is taken to hold under subsection (2) ends 1 year after the day this section commences.

(7) In this section:

special occasion licence means a restricted hire vehicle operator’s licence under the General Act to operate a hire car service for an event on a particular day.

Examples of kinds of events

weddings and school formals

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

71 Interim accreditation of tour and charter service operators

(1) This section applies to a person who, immediately before the commencement, was taken to be an accredited tour and charter service operator under section 83, as in force immediately before the commencement.

(2) The person is taken, after the commencement, to be accredited under the regulations to operate a restricted hire car service.

(3) The person is taken, after the commencement, to be licensed under the regulations to operate a restricted hire car service.

(4) If the accreditation or licence the person is taken to hold under subsection (2) or (3) has not been ended in accordance with the regulations, the accreditation or licence ends 3 months after the day this section commences.

(5) However, if the accreditation the person is taken to hold under subsection (2) has not been ended in accordance with the regulations and, before the end of the 3-month period, the person is issued with a hire car licence (including a restricted hire car licence), the accreditation the person is taken to hold under subsection (2) ends 1 year after the day this section commences.

72 Expiry of pt 7

This part expires 1 year after the day this section commences.

16 Parts 5A to 7

renumber parts, divisions and sections when Act next republished under Legislation Act 2001

17 Dictionary

insert

accredited hire car service operator means accredited under the regulations to operate a hire car service.

hire car—see section 60G.

hire car licence—see section 60A.

hire car service—see section 60I.

18 Dictionary, definition of holder

substitute

holder means—

(a) for a service contract—the person who (apart from the road transport authority) is a party to the contract; or

(b) for a taxi or hire car licence—the person to whom the licence was issued.

19 Dictionary, definition of licence

omit

20 Dictionary, definition of public passenger vehicle

substitute

public passenger vehicle means a public bus, taxi or hire car.

21 Dictionary

insert

restricted hire car—see section 60H.

restricted hire car licence—see section 60B.

restricted hire car service—see section 60J.



Part 3 Domestic Animals Act 2000

22 Act amended—pt 3

This part amends the Domestic Animals Act 2000.

23 Dictionary

Section 3, note 1

substitute

Note 1 The dictionary at the end of this Act defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘permit, for part 3 (Dogs and Cats)—see section 73 (Meaning of de-sex and permit for pt 3).’ means the expression ‘permit’ is defined in section 73 and applies to part 3.

24 Dictionary, definition of public place

substitute

public place

(a) see the Roads and Public Places Act 1937, dictionary; and

(b) includes a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

Note A public passenger vehicle is a public bus, taxi or hire car.

25 Dictionary, definition of public vehicle

omit





Part 4 Road Transport (Driver Licensing) Act 1999

26 Act amended—pt 4

This part amends the Road Transport (Driver Licensing) Act 1999.

27 Definitions—the dictionary

Section 4, note 1

substitute

Note 1 The dictionary at the end of this Act defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or elsewhere in the road transport legislation.

For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means the expression ‘road transport legislation’ is defined in that section and the definition applies to this Act.

28 Dictionary, definition of public vehicle

substitute

public vehicle means a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

Note A public passenger vehicle is a public bus, taxi or hire car.





Part 5 Road Transport (General) Act 1999

29 Act amended—pt 5

This part amends the Road Transport (General) Act 1999.

30 Public vehicles

Part 9

omit

31 Definitions for pt 10

Section 158, definition of public vehicle

substitute

public vehicle means a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

Note A public passenger vehicle is a public bus, taxi or hire car.

32 New section 216A

in division 10.12, insert

216A Meaning of accredited operator

In this division:

accredited operator, of a public vehicle, means a person who is accredited under the Road Transport (Public Passenger Services) Act 2001 to operate the public passenger service for which the vehicle is operated.

33 Public vehicle insurance compulsory

Section 217

omit

owner

substitute

accredited operator

34 Public vehicle policies

Section 218

omit

owner

substitute

accredited operator

35 Section 235

substitute

235 References to Motor Traffic Act, Traffic Act etc

(1) In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

(2) In this section:

earlier law means any of the following:

(a) Motor Traffic Act 1936;

(b) Motor Traffic Regulations 1934;

(c) Motor Vehicle (Third Party Insurance) Regulations 1947;

(d) Traffic Act 1937.

36 Dictionary, new definition of accredited operator

insert

accredited operator, of a public vehicle, for division 10.12 (Additional insurance for public vehicles)—see section 216A.

37 Dictionary, definitions of private hire car, private hire car operator’s licence and public bus

omit

38 Dictionary, definition of public vehicle

substitute

public vehicle, for part 10 (Compulsory insurance)—see section 158.

39 Dictionary, definitions of restricted hire vehicle, restricted hire vehicle operator’s licence, sightseeing vehicle operator’s licence and taxi

omit



Endnotes

Republications of amended laws

1 For the latest republication of amended laws, see www.legislation.act.gov.au.

Penalty units

2 The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.









© Australian Capital Territory 2003

 


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